News Release:
Tuesday, December 17, 2024
SEATTLE – The ACLU of Washington filed a Personal Restraint Petition on December 17, 2024, on behalf of Amber Kim, a transgender woman currently in the custody of the Washington Department of Corrections (DOC), for the unconstitutional conditions of her confinement at Monroe Correctional Facility – a men’s prison. For over three years, after DOC made the determination that Ms. Kim needed to be housed in a women’s facility, Ms. Kim served her sentence at the Washington Corrections Center for Women (WCCW). However, in June 2024, Ms. Kim was transferred to Monroe, forcing her to live in a men’s prison that does not align with her gender identity and that places her at imminent risk of harm. This is the first time in Washington’s history that a transgender woman has been transferred from a women’s prison to a men’s facility.
Ms. Kim has lived at the WCCW since 2021. At WCCW, Ms. Kim attended college with a 3.98 GPA, worked as a tutor, and participated in other programming. On March 14, 2024, Ms. Kim and her cellmate, a cisgender woman, were caught having consensual sexual contact and were each found guilty of a “504” infraction for violating rules around sexual contact.
After an infraction hearing, both Ms. Kim and her roommate were transferred to close custody at WCCW, a heightened security level that limits the amount of time spent outside of one’s cell. Initially, DOC determined that Ms. Kim’s placement at WCCW was appropriate. Five weeks later, in spite of her receiving no additional infractions, DOC reversed its decision, determined she was a safety risk, and recommended that she be moved to Monroe, a men’s prison. Ms. Kim was transferred to Monroe in June 2024 and placed in solitary confinement. Conversely, after approximately two months in close custody, Ms. Kim’s previous cellmate was moved back to medium security at WCCW – the same security status and location she, and Ms. Kim, were at prior to the “504” infraction.
During the three-and-a-half years that Ms. Kim resided at WCCW, DOC recorded 33 infractions for “504” violations at that facility. None of those women were transferred to another prison as a result — except Ms. Kim. Furthermore, DOC had the option to keep Ms. Kim in close custody at WCCW but chose to transfer her instead.
In its filing, the ACLU of Washington argues that the transfer violates Article I, Section 14 of the Washington Constitution, which prohibits cruel punishment, and is more protective that the Eight Amendment of the United States Constitution. Transfer to a men’s prison exposes Ms. Kim to an imminent danger of violence, sexual assault, and harassment.
“For the three-and-a-half years I was housed at WCCW, I used my time there to learn, to grow and to contribute positively to the WCCW. Being singled out for exceptional punishment — and transferred to a men's prison — over a single infraction not only harms me, but every other incarcerated transgender person.” said Ms. Kim.
“The decision to transfer Ms. Kim to a men’s prison is cruel and violates the Washington Constitution,” said ACLU-WA Staff Attorney Adrien Leavitt. “Transphobia on the part of the DOC hurts safety in state prisons and serves no legitimate purpose.”
Ms. Kim has lived at the WCCW since 2021. At WCCW, Ms. Kim attended college with a 3.98 GPA, worked as a tutor, and participated in other programming. On March 14, 2024, Ms. Kim and her cellmate, a cisgender woman, were caught having consensual sexual contact and were each found guilty of a “504” infraction for violating rules around sexual contact.
After an infraction hearing, both Ms. Kim and her roommate were transferred to close custody at WCCW, a heightened security level that limits the amount of time spent outside of one’s cell. Initially, DOC determined that Ms. Kim’s placement at WCCW was appropriate. Five weeks later, in spite of her receiving no additional infractions, DOC reversed its decision, determined she was a safety risk, and recommended that she be moved to Monroe, a men’s prison. Ms. Kim was transferred to Monroe in June 2024 and placed in solitary confinement. Conversely, after approximately two months in close custody, Ms. Kim’s previous cellmate was moved back to medium security at WCCW – the same security status and location she, and Ms. Kim, were at prior to the “504” infraction.
During the three-and-a-half years that Ms. Kim resided at WCCW, DOC recorded 33 infractions for “504” violations at that facility. None of those women were transferred to another prison as a result — except Ms. Kim. Furthermore, DOC had the option to keep Ms. Kim in close custody at WCCW but chose to transfer her instead.
In its filing, the ACLU of Washington argues that the transfer violates Article I, Section 14 of the Washington Constitution, which prohibits cruel punishment, and is more protective that the Eight Amendment of the United States Constitution. Transfer to a men’s prison exposes Ms. Kim to an imminent danger of violence, sexual assault, and harassment.
“For the three-and-a-half years I was housed at WCCW, I used my time there to learn, to grow and to contribute positively to the WCCW. Being singled out for exceptional punishment — and transferred to a men's prison — over a single infraction not only harms me, but every other incarcerated transgender person.” said Ms. Kim.
“The decision to transfer Ms. Kim to a men’s prison is cruel and violates the Washington Constitution,” said ACLU-WA Staff Attorney Adrien Leavitt. “Transphobia on the part of the DOC hurts safety in state prisons and serves no legitimate purpose.”
Ms. Kim is being represented by ACLU-WA Staff Attorney Adrien Leavitt and Legal Director La Rond Baker.
Court Case:
Personal Restraint Petition of Amber Kim
